SustainCERT SA (“SustainCERT”, “we,” or “us”) are pleased to provide you, and the organization you represent (“you” or the "Customer") with access to our services and the services of our related entities, including SustainCERT NL BV and SustainCERT USA Inc. (the “Services”). Your use of our Services, whether digital or otherwise, including, but not limited to, advisory, e-learning, impact management, environmental and social impact assessments, project reviews, certification activities and verification & validation activities and the claiming or transferring the outcomes of these activities as described at www.sustain-cert.com, www.valuechangeinitiative.com, and/or www.goldstandard.org is subject to these terms and conditions (this “TOC”).

1. Construction of agreement

(a) This TOC is a legal agreement between you and SustainCERT and includes the following documents by reference: 


• SustainCERT’s Privacy Policy;  

• SustainCERT’s Data Protection Policy; 

• SustainCERT's website Terms of Use; 

• The Value Change Initiative Privacy Policy; 

• The Value Change Initiative’s Terms of Use;  

• Documents specifically cited in this TOC from our website at sustain-cert.com or https://valuechangeinitiative.com (the “Sites"); 

• Product Descriptions; and 

• Registry Terms 

together or any one of them being referred to as the “Ancillary Documents”. 

(b) Words appearing as defined terms are either defined in their first use or in the Definitions section at the end of this TOC. 
 
PLEASE CAREFULLY REVIEW THIS TOC AS IT INCLUDES CERTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. 

2. Acceptance

(a) By clicking “I Agree”, indicating acceptance electronically, or by accessing or using any of our Services, you warrant that you have reviewed, understand and agree to this TOC, and that you agree to use the Services in accordance with this TOC. If you do not agree to this TOC, then you may not use the Services.  The Agreement, of which this TOC forms part, are the only legal terms under which we will make the SustainCERT Services available to you.    

(b) If you will be using the Services on behalf of an organization or a client, you agree to this TOC on behalf of that organization and/or that client, and you represent and warrant that you have the authority to do so. In such case, “you” and “your” will refer to that organization and/or client.

(c) This TOC is binding on you and all users of our Services authorised by you, with respect to any use of the Services, and applies to you from the time that we provide you with an account to access and use the Services or you otherwise agree to this TOC or use or access the Services in any way, whichever is earlier (the “Effective Date”).

(d) Our Services are not directed to people younger than 18 years old. If you are under 18 years old, you must not register to use or attempt to use our Services. Any person who registers as a user, provides their personal information and/or attempts to use our Services represents that they are 18 years of age or older.

3. Updated to TOC and Ancillary documents

(a) This TOC and any Ancillary Documents, as well as the information and materials contained in the Sites, are subject to change from time to time without prior notice.  SustainCERT may periodically modify this TOC and any Ancillary Documents, and any such modifications will be effective immediately upon posting.  The version of this TOC and Ancillary Documents in effect at the time you click to accept this TOC, or otherwise use and access the Services, will apply to the Services provided at that time. 

4. License and restriction on use

 (a) This TOC sets out the terms upon which we agree to provide the Services and grant a license to you to use the Services. You agree that we will supply the Services on a non-exclusive basis. 
 
(b) In consideration for your payment of the Fees and/or entering into this TOC, we grant you a limited, non-exclusive, non-transferable (except as otherwise permitted by this TOC or our Agreement with you), personal and revocable license to use our Services in accordance with this TOC (“License”). 

(c) Subject to this TOC, where Documentation is available, we hereby grant you a non-exclusive, non-sublicensable, non-transferable license to use such Documentation solely for your internal business purposes and in connection with your use of our Services. Any Documentation must be returned on termination of the Agreement.  

(d) You must not access or use the Services except as permitted by the License and may not do or authorize the commission of any act that would or might infringe on, invalidate or be inconsistent with our Intellectual Property Rights in and to the Services, Documentation, SC Educational Content or Software. Without limiting the foregoing provisions, you agree and acknowledge that you must not and will not permit any person to: 

1. resell, assign, transfer, distribute or provide others with access to the Services;
2. "frame", "mirror" or serve any of the Services on any web server or other computer server over the Internet or any other network;
3. copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Services, Documentation, SC Educational Content or Software; or
4. alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality legend or notice, or any numbers, or other means of identification used on or in relation to the Services or Software. 

(e) You must not use the Services in any way which is in breach of any statute, regulation, law or legal right of any person within Luxembourg and/or the jurisdiction in which you or your personnel are located.